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Official Opinions


August 2006 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


04‑085 Colonel W. Steven Flaherty
Superintendent, Department of
State Police
Chapters 981 and 1021 of 2003 Acts of Assembly and authority granted to Superintendent of Department of State Police under Chapter 2 of Title 52, §§ 52‑12 through 52‑15, may be read in harmony to certain extent; however, ultimate control over Virginia Criminal Information Network must remain with Superintendent. Federal regula-tions require Superintendent to retain control over Network.
06‑054 Mr. Ronald S. Hallman Exemption for fire-fighting equipment from general highway size limitations; no exemption for such equipment from general highway weight limitations established for bridges and prescribed and posted by Commonwealth Transportation Commissioner.

The Honorable Phillip P. Puckett
Member, Senate of Virginia

Private, nonprofit institutions of higher education, such as Appalachian School of Law, may require criminal background searches as condition of employment; may request that candidates for admission consent to criminal background search as condition of matriculation.
 06‑036 The Honorable Wyatt L. Overton
Commissioner of the Revenue
for Prince Edward County
Vehicles titled to car dealership and available for sale constitute inventory stock on hand and must be taxed as merchants’ capital.
06‑045 The Honorable M. Kirkland Cox
Member, House of Delegates
Federal Communications Commission regulations preempt direct or indirect regulation of placement of satellite antenna dishes by General Assembly, unless regulations have reasonable and clearly defined health, safety, or aesthetic objective and do not operate to impose unreasonable limitations on, or prevent, reception of satellite delivered signals by receive-only antennas or impose costs on users of such antennas that are excessive in light of equipment purchase and installation costs.
06-064 The Honorable Frank W. Wagner
Member, Senate of Virginia

Natural gas company may enter onto landowner’s property where such landowner has not responded to notices given by company, provided company complies with notice require-ments for right of entry.